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i-UXLTED STATES OF A^IERICA; f
Preface
An acquaintance with the political institutions of our country is so important , that it can neither be trite to recommend it as interesting and valuable, nor superfluous to oifer new aid for its attainment.
Where there is accuracy of information, on such a subject, the attempt ought not to be considered an unworthy one, if in its method it solicits attention, familiarizes useful knowledge, or is, in any way, adapted to the wants of society.
The writer would ask that the propositions, in reference to the general subject, contained in the title, and divisions and heads of the work, be considered in connection with its declared purpose and necessary limits. There is no pretention here to the character of a full and extended treatise. The plan and method were required, it is apprehended, in order to present perspicuously the matter furnished, in a form suited for easy reference by all ; and as having, besides, the advantage of suggesting to the student or reader a systematic course for pursuing his inquiries on the subject. No one can be more inclined than the writer, to recommend to all, having an opportunity of acquiring it, a thorough and complete knowledge of the government and constitutional law of our countiy, to be derived from the many able and profound expositions thereof that are extant
It will be observed, that the view here given of our system of
government is a practical one ; exhibiting it as actually existing and
iii
IV PREFACE,
ill operation, in its several parts, rather than with respect to the theory of it, in the abstract ; and showing the powers and duties of the general government and those of the several States, as constitutionally ascertained and administered in practice, with the relative obligations of the people.
It is with this design, that the arrangement has been adopted, by which the general subject is treated of, not in the order of the text of the federal Constitution, or of those of the States ; but under divisions and heads, appropriate to the real administration of our government and laws, illustrative of principles, and which allow of the introduction of a greater amount and variety of information in its natural place.
In our complex political system, consisting of a general government, and a number of separate State governments, acting in certain relations to it and each other, the distinction between the general government and the State goverc.ments is of the greatest moment, often being the occasion of questions of much weight and delicacy. It has, therefore, been made an object especially to present this principle, with its relative bearings, throughout the work ; and, it is thought, the arrangement by which the general government and that of the State governments are treated of separately, under distinct heads, is particularly suited to this end. The relations of the States to each other are, also, thus kept in view,
Besides what relates to constitutional provisions, and their construction, in a strict sense, there are embraced here such notices of Acts of Congress, the common and statute law of the particular States, and the ordinary civil officers, their duties and powers, as the nature of the subject would admit ; with the endeavor to illustrate, to this extent, the principles and administration of our government and laws.
The book is designed to be a Manual, for popular use, and frequent and easy reference, on various topics of common and general
PREFACE. V
interest ; to which order of disposition is an essential requisite. This plan demanded the employment of numerous divisions, titles and heads ; and it ought not, then, to be an objection, that in some instances there is a repetition of the same matter under different heads.
That there should be a general knowledge, in the community, for practical purposes, of our institutions and laws, lies at the very foundation of our government. Where the political rights of all our citizens are equal, and every one is enabled to exert an influence in the administration of public affairs, so much affecting the interests of all, they should be well informed as to their rights and duties, and in regard to the powers conferred upon those whom they place in office. There is not so much weight to be attached to the existence of good forms of government, or just and beneficent laws, as to their application and execution ; and many late events, all experience, ia our country, must seriously force upon the mind the consideration that the due administration of the government and laws depends in a great degree upon the cordial co-operation of the people at large ; and of course, upon their intelligence and virtue.
It is only a proper understanding of our civil institutions that can induce strong and settled attachment to their principles, and impart ability for their maintenance ; compared with which all other impulses or sentiments in regard to them are as nothing.
Capable of accomplishing all the ends of a free government, '* securing the blessings of liberty," in reference to all under their protection and subject to their control ; under all exigencies and for all time ; their efficacy, under the righteous Ruler of nations, is in the hands of the people.
The propriety of inculcating this kind of information in the education of youth must be obvious. It is the writer's impression that the works published especially for this purpose have been either
VI PREFACE.
too technical and abstract ; or, in many instances, too simple and superficial.
It seems that there are but wanting facilities of the right kind in order to secure the most useful attention to these subjects, among all classes of the community.
An eminent jurist, and author on constitutional law, has observed ; * ' Constitutions are instruments of a practical nature, founded on the common business of human life, adapted to common wants, designed for common use, and fitted for common understandings. The people make them ; the people adopt them ; the people must be supposed to read them, with the help of common sense ; and cannot be presumed to admit in them any recondite meaning, or any extraordinary gloss."
This work was at first issued under the title of the TJnited States Constitutional Manual. This second edition, in a new form, contains much additional matter, condensely arranged, and is better suited to general readers.
' ' The Government of Pennsylvania, ' ' a work on a similar plan, and to be used in like connection, will be soon published.
Hakrisburg, Sept. 6, 1856.
TABLE OF CO:N"TE]SrTS.
The Constitution of tlie United States of America.
CHAPTER I. Of the Government, in general
1-5. Forms of civil government, in
general. 6-7. Government of tlie United States
of America, its nature and form.
8. Its principles and objects.
9. The independence of the States. 10-11. The Declaration of Independence.
12-17. The colonial Governments.
18. The Revolutionary Government.
19. Confederation of the States. 20-26. Origin and nature of our system of government.
27-30. Powers, in general, of the
federal government. 31-33. Relations of the several States
to it, and to each other.
34. Classification of its powers.
35. Its powers exclusive or concurrent.
36. Rights secured to the States or the people.
37. Powers reserved to the States or the people.
38. Declared general rights and principles in the federal Constitution.
39. Certain express provisions, in the federal Constitution, as to the delegation of power to the general Government.
40. Incidental powers granted to the general Government.
41. Authority of the Constitution and laws of the United States.
42-43. Authority of the Constitution and laws of the United States, and of those of the several States, in relation to each other.
44. The general Government extends over the Union, as a nation.
45. The Union intended to be perpetual.
46. No State has a right to recede from the Union.
47. Allegiance to the general Government and the States respectively.
Protection.
48. The United States of America, jurisdiction and territory.
49. Powers of the general Government distributed among several departments.
50-6. The organization and nature of the several departments.
57-8. The people and the States represented in the general Government.
59. Territorial Governments.
60. The District of Columbia ; the cession thereof; its government. The seat of the general Government therein.
vm
Contents
61-4. Citizens of the United States ; native and naturalized.
65. The rights of citizens of one State in another State.
66. Free negroes and mulattoes.
CHAPTER III. Congress of the United States of America
1. Legislative department of the Government.
I. Power of legislation, in general. 5-7. Two branches thereof, their relation to each other. ). Its organization.
Senate. 9-10. Of whom composed. Senators. 11-12. Vacancies, how filled. 13. Senators, their qiialifications- 14-15. Senators, election thereof. 16. Senators, present number thereof. 17- Equal representation of the several States.
18. One-third of the Senators elected every two years.
19. Senators, term of service ; in case of vacancy.
20-21. Vice-President presides ; his power ; his casting vote.
22. Senate, may sit in recess of Congress, to act on executive business.
23: Organization thereof.
24-25. Appointments of office.
26-7. Impeachments.
28. Nature of an impeachment.
29-32. What officers may be impeached. 33. Impeachment, how preferred. 34-35. Judgment, on conviction.
36. For what offences.
37. Organization of Senate for trial of an impeachment Proceedings on an impeachment
38. Power of the Senate as to treaties.
Treaties, the supreme law.
House of Repkesentatives.
39. Of what number composed.
40. Right of suffrage in electing Representatives.
41. Representatives, their qualifica tions.
42-46. Appointment thereof.
47-50. Representatives, their election.
51-2 Present ratio and number of
Representatives. 53-55. The Speaker. Its officers.
56- Territorial Delegates.
57- Representatives, times of election. 58 Representatives, term of office. 59. Organization of the House of Representatives.
CONTENTS,
IV
Of the Members of Congress. 60-Gl. Oath of office. 62-63. Privilege from arrest or civil
suit. 64-65. Freedom of speech or debate. 66-69. Incompatiblity of office.
70. Compensation.
71. Interest in public contracts prohibited.
Time of meeting of Congress, and its adjournments.
72-74. Time and place of assembling
of Congress.
President may convene. 75-76. Adjournment of Congress.
Separate duties and powers of each House.
77-78. As to the election of its members. Contested elections.
79. Quorum.
80. The majority to decide. 81-85. Election of officers.
86. Rules of proceeding.
87. To sit with open doors.
88. Journal.
89-90. Yeas and nays.
91. Punishment of members.
92. Expulsion of members.
93. Punishment for contempt.
95. Bills for raising revenue.
Of the duties and powers op Congress.
The powers of Congress limited.
Express general limitation, in the federal Constitution.
98. Certain powers expressly prohibited.
99. No power contrary to any provision of the federal Constitution.
100. Every constitutional power complete.
101. Division of the powers of Congress, as enumerated or incidental, as exclusive or concurrent.
102-6. Nature of incidental powers. 107. Nature of resulting powers. 108-113. Exclusive or concurrent
powers, their nature. 114. Powers relate to national objects. 115-7. Power as to revenue, taxes.
118. Taxes ; imposts, excises,
119. Taxes direct and indirect.
120. Apportionment of direct taxes.
121. Indirect taxes to be uniform.
122. Customs or imposts, how laid and collected.
123. Taxes upon property in a District or Territory.
124. Power to lay duties for the protection of domestic manufactures and produce. A tariff'.
125. Power to establish a national bank.
126. Revenue bills to originate in the House of Representatives.
127. Prohibitions on Congress.
No tax on exports.
No preference of the ports of any State.
128. Prohibitions on the several States.
No duties on imports or exports.
No tonnage duty.
129. Power of the several States, to lay and collect taxes.
130. Drawing money out of the Treasury.
131. Account of receipts and expenditure of public money to be published.
132. Power to borrow money.
133-5. Power to regulate commerce- Treaties regulating commerce.
Commerce with foreign nations.
Embargoes.
Importation of Slaves.
136. Commerce among the several States.
137. Commerce with the Indians.
138. Navigation laws.
139. Power to naturalize aliens-
140. Privileges of citizens.
141-3. How aliens may become citizens. 145. Power to enact bankrupt laws. 146-8. Bankrupt laws.
149. Bankrupt laws of a State.
150. Coining money. Currency. 151-2. Prohibition on the several
States.
153. Counterfeiting the securities of the United States.
154. Weights and measures.
155. Post offices and post roads.
156. Copy rights and patent rights.
CONTENTS.
157. Piracies and felonies on tlie Mgli
seas. 158-61. Crimes and offences against
the law of nations. 162. Offences against the law of
nations. 163-4. Power to declare war.
165. Prohibition on the several States.
166. Array and nary.
Prohibition on the several States.
167. Military Academy. 168-74. Power as to the militia.
To call out.
To organize and discipline.
To arm and govern. 175-6. Seat of Government.
Legislation over District of
Columbia, &c. 177-9. Treason and the punishment
thereof. 180-1. Territory and other property
of the United States.
182. Power to purchase and acquire foreign territory.
183. Legislation over public territory and property.
184-6. Territorial Governments. 187. Admission of new States into the Union.
188. Guaranty of republican form of government to every State.
189. New States out of territory acquired of a foreign nation.
190. Restriction of slavery as to admission of new States.
191. Admission of a foreign country as a State.
192. General provisions as to the powers of Congress.
193. State acts and records, their effect in other States.
Acts of Congeess. Laws of the United States.
194. How laws may originate in Congress.
195. How laws of the United States may be enacted.
196-7. Every bill, &c. , to be presented to the President of the United States.
His approval or disapproval.
198-9. The mode of proceeding, in enacting laws, in Congress.
200-2. Authority of Acts of Congress.
Eepeal thereof.
203-5. When they take effect.
204-9. Maybe declared unconstitutional and void.
CHAPTER IV. Of (he poicers prohibited to Congress
government.
and the federal
1-3. Of powers prohibited, in general. 4-7. As to the importation of slaves.
Importation of slaves from foreign
countries punished as piracy. 8-9. As to the writ of habeas corpus.
Explanation of the writ. 10-12. As to hills of attainder.
Explanation.
13. As to ex post facto laws.
Explanation.
14. As to taxes or duties.
Capitation or direct taxes to be in proportion to the nu-mber of taxables, &c.
15. No tax on exports.
16. No preference of one State over another.
17. As to drawing money from the treasury.
18. Appropriations for raising and supporting armies.
19. As to titles of nobility.
20. As to the establishment of religion, and the exercise thereof.
21. As to the freedom of speech and of the press.
22. As to the right of petition.
23. General provision of the federal Constitution as to powers not delegated.
CONTENTS.
XI
CHAPTER V. Of the powers prohibited to the several States
1. Of the prohibitions, in general.
2-4. The prohibition express, or implied, absolute or qualified.
5-7. Powers in general Government exclusive or concurrent,
8. State law contrary to federal Constitution void.
9. Making treaties or alliances,
10. Engaging in war, &c.
11. Keeping troops, &c.
12. Coining money, or emitting bills of credit, &c.
13-5. Laws impairing contracts, construction of this prohibition.
16. Ex post facto laws,
17. Bills of attainder.
18. Titles of nobility.
19. Duties on imports or exports.
20. Duties on tonnage.
21. Fugitives from justice.
Chapter VI
Of certain special rights and privileges, expressly secured to the several States, and the citizens thereof, by the federal Constitution.
1-4. Nature of these rights and
principles. 6-6. As to the public acts and records
of each State. 7. Rights of citizens of each State
in the others. 8-9. As to fugitives from justica.
10. As to fugitives from labor or service.
11. As to a republican government in each State.
12. Protection of each State against invasion ; against domestic violence.
Chapter VII
Of certain general principles and declarations of rights, contained in the federul Constitution.
1-7. Nature and object of these provisions, their authority and force.
8, Writ of habeas corpus.
9. Trial by jury.
10. Searches and seizures.
11. Warrants.
12. Trial by indictment.
13. The rights of an accused person,
to be informed of the cause of his accusation.
To be confronted with the witnesses against him.
To have process for his witnesses.
To have the aid of counsel.
Not to be twice put in jeopardy of life or limb.
13. Not compelled to be witness
against himself.
14. Protection by "due process of law "
15. Excessive bail.
16. Excessive fines and cruel punishments.
17. Security of private property.
18. Right of the people to bear arms.
19. Quartering of soldiers upon private persons.
20. Reservation of powers to the States respectively, or to th« people.
CONTENTS,
CHAPTER YIIL
Of the President of the United States, Vice President, Execu'
tice officers.
1-7. Executive department of federal government, in general.
8. Qualifications for President.
9. Mode of election.
Presidential electors.
Qualifications.
10. Appointment or election,
11. Time of choosing.
12. Time of their voting.
Electoral Colleges.
Vacancy therein.
12-4. Mode of their voting, 15-6. When the House of Representatives is to elect.
17. When no election, Vice President to act as President.
18. Time foT opening votes of electors &c.
19. Provision in case of no election or choice of President or Vice President. New election.
20. Duration of office,
21. Re-election.
22. Oath of office. 23-4. Compensation.
25. Power as to the army and navy,
26-7. Power as to the militia.
28-9. Power of pardon and reprieve,
30-1. Consulting power.
32-4. Power as to treaties.
35-9. Power as to appointments to
office. 40^. As to removal of officers. 45-6, Power as to bills of Congress;
Ms veto power, 47. Power to convene Congress. 48- Power to adjourn Congress.
49. Duty to give information to Congress.
50. Power to receive ambassadors. 51-2. To take care that the laws be
faithfully executed. 53. Impeac hm ent of the President. 54-6. Vacancy in office, how filled.
Vice Peesident of the United States, §7, Election of-
58. Qualifications,
59. Term of office.
60. Compensation.
61. To be President of the Senate.
62. When to act as President of the United States.
64. Vacancy in office, how filled.
Failure to elect or choose.
Executive officers of the United* States.
65. Officers classed as executive and judicial.
And the executive, as civil and military.
66. Officers, how created-
67-70. Appointment, and removal of, 71-72. Commissions.
73. As to religious tests.
Executive Depaetment,
77,
Heads of Departments.
Appointment.
Cabinet of the President of the United States.
State Department.
78. Treasury Dep-artment.
79-81. Design and nature.
Officers and clerks-
82. War Department.
83. Navy Department.
84. Armies.
85. Post Office Department.
86. Ambassadors, &g,
87. Consuls.
88. Department of the Interior. 89-91. Districts of the States, and
officers therein.
92, Titles of office,
93. Territorial Government.
94-5. Provisions relative to executive officers and clerks,-
CONTENTS.
:iiii
CHAPTER IX. Of the Judiciary of the United States
i. The judicial power of the federal government.
2. Nature and powers of the judicial department.
3. A co-ordinate department.
4. Jurisdiction, in general.
5-6. Power to declare a law or act of government void as unconstitutionaL
7. Decision of the Supreme Court on constitutional questions final.
5. Federal judiciary the authorized interpreter of the constitution.
9. The judiciarj-- a check upon the
other departments and the State
governments. 10. Independence of judiciary. 11-2. Jurisdiction, in general. 13-6. Jurisdiction civil or criminal,
original or appellate. 17-21. Mode of exercising appellate
jurisdiction. 22. Facts tried by a jury not to be
re-examined. 23-32. Classes of eases to which the
judicial power of the United
States extends.
33. Criminal jurisdiction of the courts of the United States-
34. Classes of offences against the United States.
35. Civil jurisdiction of the federal courts.
36. Jurisdiction exclusive or concurrent.
37. Power to issue judicial writs.
38. The common law, in the federal courts.
39. Trial by jury.
40. Rights of accused persons.
41-2. The courts of the United States, in general.
43. The several federal courts.
44. Distribution of the judicial authority.
The Senate a court of justice, in
the trial of impeachments.
Judges of the federal courts how
appointed. 47-8. Tenure of office. 49-51. Compensation. 52. Impeachment. 53-76. Supreme Court of the United
States, organization and jurisdiction.
It decision final on constitutional
questions. 77-82. Circuit courts of the United
States, their organization and
jurisdiction. 83-6. District Courts of the United
States.
87. Courts in the Territories of the United States.
88. Courts in the District of California.
89. Court of Claims.
90-1- Attorneys and counsellors-atlaw.
92. Attorney General of the United States.
93. District Attornys of the United States,
94-7. Marshals.
98. Graols and prisons^
99. Court houses.
100-2. Jurisdiction of State courts and magistrates under Acts of Congress.
CONTENTSo
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You’ve reached the end of Our government: an explanatory statement of the system of government of the country; presenting a view of the government of the United States, and of those of the several states; with the construction of constitutional provisions and a practical notice of their administration. A manual for schools, academies and popular use.